Michael Madrid — ADJ16313390, ADJ17162246, ADJ16400413, ADJ16313419, ADJ16313376

Applicant Michael Madrid sought reconsideration of a Joint Findings and Order issued April 10, 2026, in which the WCJ found that applicant could not depose the QME, Dr. Divaker Krishnareddy, regarding his availability. The underlying dispute concerns whether defendant may replace the QME due to his alleged unavailability, and applicant wished to conduct discovery on the Vazquez factors before trial. The Appeals Board first addressed the timeliness of its own action under amended Labor Code section 5909, concluding that its time to act was equitably tolled under Shipley because the consolidated case files were not transmitted simultaneously. On the merits, the Board held the WCJ's order denying the deposition was a non-final, interlocutory order subject only to removal, and applicant failed to show substantial prejudice or irreparable harm. The Petition for Reconsideration was therefore dismissed.